Duke Developments Australia 2 Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1199

The Court is required to make orders in accordance with the parties' agreement as the decision is one properly open to the Court under relevant legislation.

Jurisdiction: Australia
Judgment Date: 03 May 2019
Procedural Posture: Class 1 Appeal / Final Orders After Conciliation Conference
Outcome: Appeal upheld; development consent granted subject to conditions
Legal Topics: ['development Application' 'conciliation Conference' 'appeal' 'consent Orders']

['planning and Environment'] ['development Application' 'conciliation Conference' 'appeal' 'consent Orders']

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

1 ['Whether consent should be granted for development application 17/1723 following agreement at conciliation conference']

Ratio Decidendi

The Court is required to make orders in accordance with the parties' agreement as the decision is one properly open to the Court under relevant legislation.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

['The Applicant is granted leave to amend the development application to rely upon amended plans referred to in condition 1 of Annexure A' "The Applicant is to pay the Respondent's costs thrown away as a result of the amended plans as agreed or assessed pursuant to s 8.15(3) of the Environmental Planning and...